Walmart fires employee for subduing burglary suspect

COMMERCE CITY, Colo. -- A 31-year-old Colorado man says Walmart fired him for doing his job.

Ramon asked the Problem Solvers not to share his last name or hometown, not because he fears retaliation from Walmart but because he's worried about the countless shoplifters he helped Commerce City police arrest as an asset protection associate for the nation's largest retailer.

Ramon

Ramon was fired November 10 after subduing a store burglary suspect November 6. "All I was trying to do was do my job, the best I could," said Ramon.

FOX31 has obtained surveillance video that shows Ramon getting sucker punched in the eye by the 21-year-old suspect, Juan Izalbe. The video then shows Ramon tackling Izalbe and holding him on the ground until Commerce Police arriveD and handcuffed Izalbe.

"He (Izalbe) flat out told me 'I`m schizophrenic, I don`t know what I`m going to do'," said Ramon, explaining why he bear hugged the suspect to the floor, " When someone says something likes that, you have to take those threats seriously."

According to the arrest affidavit, Juan Izalbe entered the Commerce City Walmart on Dahlia Street about 10:30 a.m. on November 6 and proceeded to shoplift a hammer and a screwdriver. He then walked over to the sporting goods area and "Placed the hammer in the register and began to try and pry it open."

That's when Walmart employees called their coworker Ramon, who as an Asset Protection Associate, is in charge of stopping shoplifters and handing them over to police.

Ramon tells FOX31 he could see what was happening on a surveillance monitor and immediately called Commerce City Police. Store video shows Ramon walking towards the suspect with his right hand holding his cell phone by his ear as he talked to police and his left hand with his palm out motioning Izalbe to stop.

A few seconds later the video shows Izalbe punching Ramon in his left eye, causing Ramon to drop the phone. Ramon immediately tackled Izalbe to the ground while coworkers watched.

After he was arrested, Izalbe told police "he didn't mean to hurt anyone. He has Schizophrenia."

Izalbe told officers he went to the Walmart to buy his brother a video game and then decided to break into the cash register. Izalbe also insisted he had a change of heart once a sales associated asked what he was doing. Izalbe told police he tried to leave the store but insisted Ramon approached him in an aggressive manner. Izalbe told police, "I'll take the charge for assaulting him, I know I shouldn't have done that," but he added he did not officially break into the register.

On November 9, the Adams County District attorney charged Izalbe with Possession of Burglary Tools, Attempt to Commit Burglary and 3rd Degree Assault.

Ramon needed stitches for his left eye and missed three days of work. When he returned on Friday November 10, Walmart fired him.

"That hurt more than getting punched in the face. It`s like getting punched in the face twice," said Ramon, who was shocked by Walmart's decision.

The retailer told the Problem Solvers it would not discuss personnel issues with FOX31 but according to Ramon's termination letter he was fired for "Gross Misconduct."

"They flat out told me I could have avoided the situation," said Ramon who insisted the punch happened in a split-second and his immediate reaction to tackle Izalbe was appropriate based on the circumstances.

Ramon's termination letter states, "Ramon could have prevented the incident if he had not approached the suspect with an aggressive manner, tone and identified himself properly." Ramon responded, "I don`t know how they get aggressive tone, literally I`m on the phone with PD."

Ramon further points out it was Walmart who trained him to use an open palm to stop suspects from running away and adds he was the one who got punched. "My mentality automatically went into defense mode. You know what can I do to prevent this guy from you know hurting anybody else."

The Problem Solvers obtained a copy of Walmart's policy for apprehending suspects (known as Policy AP-09) and it states "When a suspect is violent or hostile, in an apprehension situation, let the suspect flee out of the store and call law enforcement."

But Ramon points out Walmart's policy also states, "Authorized associates may use reasonable force to physically limit or control the movements of a suspect," which is exactly what Ramon feels he did in bear hugging Izalbe until Commerce City Police could arrived and arrested him.

"I felt like he created an unsafe environment for me. And at that point of time my safety was involved, at that point in time not only that, the safety of other people. I felt like it would create a more dangerous environment to let him go than to restrain him."

Ramon made $15 dollars per hour as an asset protection associate and said Walmart could have trouble recruiting workers for that position in the future if employees fear getting fired for using appropriate judgment. He points out the Commerce City incident happened just five days after a gunman walked into the Thornton Walmart eight miles away and murdered three customers.

"Even though I got terminated I left that building with my head held up high because you know what, no one else got hurt," said Ramon.

Juan Izalbe

On Friday November 18, the Denver District Attorney also charged Juan Izalbe for a November 1 burglary at the Walmart on Smith Road. Investigators said they found stolen money on Izalbe during the Commerce City incident that was traced to the Denver Walmart.

After FOX31 informed Commerce City Police that Ramon was fired for helping their officers, it released the following statement:

"Businesses must determine their own policies for the actions of employees in these situations based on the level of risk they are willing to tolerate for their associates. Regardless of those private policy decisions, the Commerce City Police Department will always work to uphold public safety wherever and whenever such incidents may occur."

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